New Jersey Section 2C:7-1 – Findings, declarations
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New Jersey Section 2C:7-1 – Findings, declarations
New Jersey’s Megan’s Law, which includes Section 2C:7-1, was passed in 1994 after the brutal rape and murder of 7-year-old Megan Kanka by a convicted sex offender living in her neighborhood. The law has several key components, including registration and notification requirements for sex offenders living in communities. Here’s an overview of the law’s background, main provisions, and debates around its effectiveness.
History Behind Megan’s Law
In July 1994, Megan Kanka was lured into the home of a neighbor, Jesse Timmendequas, who then raped and murdered her. It was soon revealed that Timmendequas was a twice-convicted pedophile, but Megan’s parents had no idea because he wasn’t required to notify the community. Megan’s grieving parents, Maureen and Richard Kanka, launched a petition urging lawmakers to better protect children by increasing awareness around sex offenders living in neighborhoods.
Within just 3 months, the New Jersey Legislature unanimously passed a package of bills known as Megan’s Law. On October 31, 1994, the legislation was signed into law by Governor Christine Todd Whitman. Megan’s Law amended New Jersey’s statutes on registration of sex offenders and provided for community notification.
Key Provisions in Section 2C:7-1
Section 2C:7-1 contains the findings and declarations behind Megan’s Law. It states that the danger of recidivism posed by sex offenders and offenders who commit other predatory acts against children requires a system of registration and community notification to protect public safety. Some key points:
- The state has a compelling interest in protecting children from sex offenders that overrides any right to privacy the offender may have.
- Release of certain information about sex offenders will further the state’s primary objective of protecting safety of members of the public.
- It’s important that law enforcement agencies disseminate information on sex offenders to the public.
- The system of registration and notification will provide fair warning to the community.
This section lays out the reasoning behind the law’s community notification requirements, which represented a major shift in policy at the time. The findings emphasize the unique threat posed by sex offenders and the need for public awareness to prevent further victimization.
Notification Requirements
Under Megan’s Law, convicted sex offenders in New Jersey are required to register with local law enforcement. Police then notify community members living near the sex offender, along with schools, youth groups, and other organizations in the area. The scope of notification depends on the offender’s risk level:
- Tier 1 (low risk): Schools and victims are notified
- Tier 2 (moderate risk): Schools, licensed day care centers, registered community organizations, and victims within the municipality are notified
- Tier 3 (high risk): The public is notified through means defined by the county prosecutor, such as online registries, fliers, newspaper notices, etc.
Offenders must periodically verify their address and notify law enforcement of any changes. Those who fail to register face fines and jail time. Megan’s Law also established longer jail sentences for certain sex offenses committed in a victim’s home.
Effectiveness Debated
Since Megan’s Law was enacted, every state has passed some form of legislation authorizing community notification. However, the law has been controversial. Supporters argue it improves public safety by increasing awareness and allowing people to take precautions. But critics say it creates a false sense of security, encourages vigilantism, and fails to reduce recidivism. According to one study, Megan’s Law showed no demonstrable effect in reducing sexual re-offenses.
Nonetheless, the New Jersey Legislature has continued to amend the law to expand its scope. In 2007, they prohibited high-risk sex offenders from living within 2,500 feet of any school, park, playground, or daycare. And in 2013, Megan’s Law was amended to include a tier-based classification system and mandatory in-person registration for high-risk offenders.
While experts continue to debate its merits, Megan’s Law has unequivocally brought greater public attention to the dangers posed by convicted sex offenders residing in communities. Section 2C:7-1 lays out the rationale behind a law that forever changed how the U.S. deals with sex offenders once they are released from confinement.
References
– New Jersey Legislature, P.L.2013, Chapter 307, Approved January 17, 2014, Senate, No. 2281
– New Jersey Legislature, P.L. 2007, Chapter 102, Approved July 23, 2007 Assembly, No. 1660